Corporate Policy and Procedures Document on Accessing Communications Data

Where Communications Data is wrongly acquired or disclosed which amounts to a serious error, the person responsible for the error must report this to the SRO and the IPC.

A serious error will have occurred where such error has caused significant prejudice or harm to the person concerned. The fact that there has been a breach of the person's human rights will not by itself be sufficient for an error to be regarded as a serious error.

The IPC may inform the individual affected, who may make a complaint to the Investigatory Powers Tribunal. Prior to notifying the individual the IPC must be satisfied that the error is serious, and that it is in the public interest for the individual concerned to be informed of this error.